Shelby  County,  Indiana
Courthouse  Records

Will  of

Ithamar  Drake

In the name of God Amen.   Ithamar Drake  of Shelby County and State of Indiana being of sound mind and body but considering the uncertainty of human life do make and publish this my last will and testament in order to dispose of and arrange my worldly affairs and the property real and personal with which I have been or may be hereafter blefsed during my life.    Item 1st.  It is my will and request and I so direct that all my debts funeral expenses and expenses of administration under this will be first paid out of my personal Estate and that all the balance of my personal property including all debts due to me at my decease which may be necefsary for the decent and comfortable support of my beloved wife  Mary  shall be kept used and occupied and enjoyed by her as long as she may remain unmarried and such part of my personal Estate as my said wife may not wish to keep I hereby direct my executor to sell at public sale  ~~~~~  Item 2nd  It is my further will that my executor herein appointed shall after the payment of debts funeral expenses and all damages properly brought against my Estate apply so much of the monies which may arise from the sale of such part of my personal property as is to be sold or from debts collected or monies on hand as may be necefsary to the comfortable support maintainance and afsistance of my said wife during her widowhood if the other bequests herein given her particularly be not intirely sufficient for that purpose he for that purpose using the interest of monies in his hands as far as it will go without impairing the principal of it can reasonable be added  ~~~~~  Item 3rd  It is my will and I so direct that unlefs before my decease I sell my interest in my mill and tract of Land attached thereunto being part of the East half of the North west quarter of Section of Twenty five and Township Eleven in Shelby County aforesaid of which said mills and land attached I own one half the land belonging thereunto being about nince acres shall be sold by my executer for the best price which can be had and the money put to interest for the general purposes of my will  ~~~~~  Item 4th  I also give and bequeath unto my wife  Mary  my home plantation and appurtunances being the East half of the South west quarter in the section aforesaid to have and to hold use and occupy during her widowhood she using the same in a careful manner and after the termination of my said wifes estate in said farm I hereby give and bequeath the same as above described to my son  Isaac  his heirs and afsigns forever  ~~~~~  Item 5th  Having heretofore conveyed to my son in Law  Harvey Pope  a valuable tract of Land and given him a large advancement of personal estate, I hereby confirm the said figt and grants as his portion of my estate and the portion of my daughter  Mary  his wife unless hereafter I should so prosper as to think it proper to give them more  ~~~~~  Item 6th  I hereby further give and bequeath to my son Isaac my Brafs Clocke and large family Bible after the termination of my said wifes property therein by death or marriage and it is my wish that my son Isaac shall not sell the same and shall preserve with the bible to the best [last?] of my family connexions inserted therein  ~~~~~  Lastly  all the balance of my Estate real and personal as well what I now have as what I may hereafter acquire and I own at the time of my decease I do hereby give grant and bequeath to my said son Isaac forever and I hereby nominate and appoint my said son sole executor of this my last will and Testament.   Witnefs my hand and seal this 26th day of July 1833.
Signed  sealed in presence of us 
who in the presence of each other 
submitted our name as witnefses to 
and attested the same  This 26th day of 
July 1833      John Mow
Hiram Jackson     John Winterowde
Ithamar Drake   {{seal}}

State of Indiana      Shelby County  SS
                              Be it remembered that on the the Fifth day of February in the year of our Lord Eighteen hundred and thrity four Personally appeared before me  Sylvan B Morris  Clerk of the Shelby Circuit Court at my office in Shelbyville  John Mow, Hiram Jackson and John Winterowde the subscribing witnefses to the foregoing Will who being by me duly sworn deposeth and say that they saw the said Ithamar Drake sign seal publish and declare this as his last will and Testament that they believed him to be of sound mind and memory at the time of the execution that they signed their names thereto as witnefs in his presence and at his request
/s/     Sylvan B Morris  Clerk
Shelby Circuit Court
Recorded the 23rd March 1835
Wm H Sleeth   Recorder of Shelby County

Transcribed by Phyllis Miller Fleming  for Jim Kinder

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